§ 23-92-418. Filing of information
(a) Each employer service assurance organization shall file with the Insurance Commissioner each affidavit and related document and information under § 23-92-414 or § 23-92-419(b) on or before the date the affidavit or related document and information are otherwise due, as prescribed by the commissioner. (b) The commissioner may extend the filing deadline by prior […]
§ 23-92-419. Rules
(a) (1) The Insurance Commissioner may prescribe rules for the conduct of the business of professional employer organizations needed to implement this subchapter. (2) The commissioner shall adopt rules under this subchapter in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) (1) The commissioner may adopt reasonable rules for use by […]
§ 23-92-404. Licensing and renewal
(a) Except as otherwise provided in this subchapter, no person shall provide, advertise, or otherwise hold itself out as providing professional employer services in Arkansas unless the person is licensed as a professional service organization under this subchapter. (b) (1) Each professional employer organization required to be licensed under this subchapter shall provide the Insurance […]
§ 23-92-405. Controlling person
(a) Each controlling person shall provide information and certifications necessary for the Insurance Commissioner to determine that the controlling person is of good moral character and: (1) Is at least eighteen (18) years of age; and (2) Has the education, managerial, or business experience to successfully act as the controlling person of a professional employer […]
§ 23-92-406. Changes in control
(a) (1) A license issued to any professional employer organization under this subchapter may not be transferred or assigned. (2) A licensee may not operate an entity subject to licensing under this subchapter under any name or at any location other than that specified in the application for the license or without having received the […]
§ 23-92-407. Fees
(a) Upon filing an initial licensing statement under this subchapter, a professional employer organization shall pay an initial licensing fee of one thousand dollars ($1,000). (b) Upon each biennial renewal of a licensing statement filed under this subchapter, a professional employer organization shall pay a renewal fee of one thousand dollars ($1,000). (c) Each professional […]
§ 23-92-408. Financial assurance required
(a) Each professional employer organization shall maintain: (1) An audited minimum net worth of at least one hundred thousand dollars ($100,000), as reflected in the financial statements submitted to the Insurance Commissioner with the initial licensing, and annually thereafter; or (2) (A) A bond in the amount of at least one hundred thousand dollars ($100,000). […]
§ 23-92-409. Relationships defined
(a) (1) Except as specifically provided in this subchapter, the coemployment relationship between the client and the professional employer organization and between each coemployer and each covered employee shall be governed by the professional employer agreement. (2) Neither this subchapter nor any professional employer agreement shall: (A) Diminish, abolish, or remove rights of covered employees […]
§ 23-92-410. Issuance, refusal, suspension, or revocation of license — Grounds and procedure
(a) The Insurance Commissioner shall issue a license as a professional employer organization to any person who qualifies for the license under the terms of this subchapter. (b) In addition, the commissioner may refuse to issue a license to any person, may suspend or revoke the license of any professional employer organization, or impose administrative […]
§ 23-92-411. Deceptive practices
(a) No professional employer organization shall: (1) Evade or attempt to evade the provisions of this subchapter by purporting to be the sole employer of the covered employees; (2) Present a proposal to enter into a professional employer agreement with a prospective client unless the following notice is printed in not less than 12-point bold […]